Thursday, January 06, 2011

After Kane County Judge Michael Colwell ordered the City of Aurora and so-called corporation counsel Alayne Weingartz to return over $190,000 in cash seized during a traffic stop that resulted in no arrest, now Kane County Judge Thomas Mueller has refused to hold the city or Weingartz in contempt.

On Wednesday, Mueller gave what amounts to a stay out of jail card to the city and Weingartz despite the blatant violation of a court order to return the money. The city says it gave the cash to the Illinois State Police, which says it gave it to the Department of Homeland Security.

However, legal experts say who the city gave the money to is not the issue. The city took the money and the city should return it, as the original court order said.

Others say that since the cash is out of the city's control and therefore the city cannot be responsible for the mistake.

If the city took your cash and it turns out you were not arrested or charged with anything, should the city be required to cough up the cash, even if they gave it another law enforcement agency?